- Beach trading by-laws and the process of permit renewals are heading to the Western Cape High Court for a review after a Muizenberg couple was unsuccessful in renewing their trade permit.
- The couple, whose sole income is their small business, says they had many challenges with their permit including the City moving them from one site to another and now completely removing them.
- They say it has been disheartening and financially stressful after following all the rules only to be unsuccessful in renewing their permit.
- Karl Bodin, a City of Cape Town councillor, will be assisting the couple to take the issue on review.
Beach trading by-laws and the process of permit renewals are heading to the Western Cape High Court for a review after a Muizenberg couple was unsuccessful in renewing their trade permit.
Lucille and Quinton Abrams, well-known by locals and Capetonians alike, are the owners of The Pancake, a coffee and pancake business that has been stationed at Muizenberg Beach since 2018.
Talking to the People’s Post, Lucille says it has been disheartening and financially stressful after following all the rules only to be unsuccessful in renewing their permit.
“We were granted a permit in December 2018 that was valid until October 2021 and it was later extended until March this year because of covid.
“Our permit was then extended to June 2023 because they were still busy with the application process in extending the permit.
“However, we were given an unsigned letter stating that we were unsuccessful with no reasoning.”
She further explains that they appealed the decision only to be notified that their appeal was dismissed.
“The reasons they gave was that there was a tie between us and another person and according to the City’s rules, in terms of the by-law, it states that the permit has to be given to the new traders.
“We did everything we were supposed to do, so it has been very disheartening and the financial situation has been difficult. We have children and we are trying to make alternative arrangements, but it is sad that they (the City) are just pushing us aside.”
The couple, whose sole income is their small business, says they had many challenges with their permit including the City moving them from one site to another and now completely removing them.
According Karl Bodin, who is a City councillor and will be assisting the couple to take the issue on review, the municipality relies on the “average citizen not in a financial means” to not take matters further than an appeal.
“We are going to challenge the City on not following administrative law. The review documents will be lodged in a few weeks’ time and we will lodge to bring an interdict against the City to have them reinstated on their site pending the outcome of the review.”
Bodin adds that trading by-laws are a big issue. They also affect traders in Blouberg and Table View.
“The City went ahead and issued permits for that site knowing there is an appeal. You cannot do that and it is just heartless.”
Meanwhile, residents reacted on social media to the news that The Pancake would not be back.
“A sad day for Muizenberg and democracy. The appeal that The Pancake lodged for their permit to trade at Surfers Corner has been denied, despite the over 500 signatures supporting them.
The resident further called for transparency in the renewal process. “Are the young families, pensioners, students and underprivileged people who can’t afford sit-down restaurant prices and rely on The Pancake’s affordable fare, not important?
“Why have the wishes of the community, as demonstrated in the signed petition and the plethora of heartfelt online messages and emails not been taken into account? Where’s the support for the honest entrepreneur, the small enterprise, the previously disadvantaged?”
A petition started by Muizenberg residents garnered 500 signatures in support of The Pancake to be reinstated at their original site.
In the petition, residents say they stand in solidarity with the couple and the empowerment of the less fortunate. “We, as the community of Muizenberg, are in solidarity and support for Quinton and his team.
“We would like to request that all reasons for a permit being denied are provided with specific references to the applicable by-laws, so to create an understanding and education surrounding the topography of trader’s rights.”
According to the City, the application process for informal beach trading permits is a competitive one. “All Informal Beach Trading permits have a contractual period of three years. The allocated permit holder signs a contract detailing the start and end date. “In the terms and conditions, it is indicated that current permission to trade should not raise any expectation of future trading. While it is not impossible, the intention is to create opportunities for new applicants and the application process is a competitive one.”
The City added that due process was followed in awarding permits.
